Kabita Das And ORS. v. State Of West Bengal And ORS.

12.03.2025 12.03.2025 rpan/ 01 WPLRT 108 of 2024 Kabita Das & Others -Versus - The State of West Bengal & Others Mr. Balai Lal Sahoo, Mr. Arif Ali, Mr. A. Tarafder, Mr. S. Bhattacharya, Mr. A. B. Mahata .....for the Petitioners.

Md. T. M. Siddiqui, Ld. AGP Ms. Debdooti Datta, Mr. S. Adak .....for the State/Respondents.

Mr. Sahoo, learned advocate appearing for the writ petitioners submits that challenging inter alia a memo dated 3rd March, 2023, issued by the respondent no.5 herein, the writ petitioners preferred an original application, being OA-1218 of 2023. In connection with the said original application, the applicants/writ petitioners also preferred an application for injunction, being MA-390 of 2024. The said application was, however, dismissed by an order dated 8th April, 2024, passed by the learned Tribunal. Challenging the said order, the writ petitioners have filed the present writ petition.

Records reveal that in course of hearing, a coordinate Bench of this Court by an order dated 19th December, 2024 directed the State/respondents to submit a status report from the concerned D.L. & L.R.O.

as well as a report from the concerned B.D.O. clarifying whether any construction work is currently ongoing over the land in question.

Pursuant to such direction, Mr. Siddiqui, learned Additional Government Pleader appearing for the State/respondents submitted a report in the form of an affidavit, which had already been taken on record. In paragraphs 7 and 8 of the said report it has, inter alia, been stated that construction of solid waste management project upon the land, in question, has been postponed. We have also been informed by Mr. Siddiqui that the next date of hearing of the original application before the learned Tribunal is fixed on 29th April, 2025. Upon hearing the learned advocates appearing for the respective parties and considering the materials on record, particularly the report in the form of an affidavit, as filed on behalf of the respondent no.5, we are of the opinion that no further order is required to be passed in the present writ petition since the alleged construction of solid waste management project over the land, in question has already been postponed.

With the above observation, the writ petition is disposed of.

There shall, however, be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.

(Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)